Legal Procedures Terminology Circle the correct answer 1. An appellant is: a. a prevailing party in a lawsuit in the trial court b. the moving party in a demurrer c. the wife in every divorce action d. a litigant who appeals an order made by a lower court

2. An injunction is: a. a suit against a labor union b. a prohibitive writ forbidding certain acts by defendant c. a writ which prevents a judge from proceeding on a matter pending before him d. a suit to deny jurisdiction of the court

3. A complaint is: a. a subpoena b. the means by which a defendant is required to plead c. the first pleading of a plaintiff d. a statement of defendant’s position

4. In a civil action, the right to open and close a case is accorded to the party who: a. is not required to offer any evidence b. defends the action c. is listed first alphabetically in the complaint d. has the affirmative burden of proof

5. A prima facie case is: a. evidence furnished by plaintiff b. evidence furnished by defendant c. the point at which the plaintiff has sustained his burden of proof d. the first evidence presented at trial or deposition

6. The term et ux means: a. and spouse b. and others c. and the following d. and wife

7. What does in pari delicto mean? a. proving beyond a reasonable doubt b. substance of a crime c. not at equal fault d. equally guilty

3. Names of qualified jurors are: a. usually available to the public b. never released to the public c. released at the clerk’s discretion

Code of Professional Ethics Select the appropriate Advisory Opinion 4. "Off the record" must be agreed to (1987)

Advisory Opinion Index No. 6

Statement of Facts

A reporter is engaged by the attorney representing plaintiff to report a deposition. Attorney for the defendant and the witness appear at the designated time. After completing his examination, the hiring attorney states that the deposition is concluded. The defense attorney, wishing to examine the witness, does not agree to its conclusion. The hiring attorney then directs the reporter to go off the record since he is paying for it. The reporter declines to do so and continues to report the examination of the opposing counsel.

Provision No.(s) of the Code __________________________

Advisory Opinion Index No. 35

5. Providing the official transcript of a proceeding to the hiring party (1999)

Statement of Facts

The NCRA Board of Directors has requested an opinion from the Committee on Professional Ethics regarding the following scenario: A reporting firm enters into an arrangement with the hiring party to provide the official transcript of a proceeding to the hiring party and not to sell copies of the official transcript to other parties. The hiring party, on the other hand, may sell copies to the other parties if it so chooses.

Provision No.(s) of the Code __________________________

Deposition Procedures 1. A deposition could never be taken on notice and stipulation. T/F

2. A reporter need not give correct spellings on the information sheet if she T/F provides them to the transcriber.

3. If counsel asks a reporter to certify a question, he wants the reporter to a. index the unanswered question b. instruct the opposing counsel that the question is valid

4. During a deposition an objection which would not be reserved until the time of trial would be to a. the form of the question b. the relevance of the question

5. If an attorney at a deposition should say, “The usual stipulations,” the reporter should a. ask when she gets back to the office what the usual stipulations are b. put “Usual stipulation” in parentheses in the deposition c. tell the attorney that she cannot make such a stipulation d. ask the attorney to clarify what the stipulations are

Court Procedures 1. It is customary, in reading back to the jury, a. To read back everything under all circumstances b. To delete questions to which an objection has been sustained

2. Choose the answer for the procedure which would customarily come first in a court proceeding: a. peremptory challenge by defendant’s counsel b. opening statement by the prosecution c. arraignment

Would each statement below typically be uttered in a criminal or civil proceeding? Put your answer in the blank.

3. “The defendant will be held to answer to the charge.” __________

4. Reference to freedom of religion is found in which amendment to the Constitution? a. Fifth b. Ninth c. First d. Third

5. The United States Supreme Court would be most likely to hear an appeal from a. a state trial court b. the U.S. District Court c. a state police court d. the Circuit Court of Appeals

Technology 1. To dump is to a. transfer information b. erase a file

2. Which is the most important thing to back up? a. every single job taken b. the reporter’s personal dictionary